Interesting findings in NIHL judgment

Nadia Whittaker represented the Claimant in a noise-induced hearing loss case: Jackson v the Rover Company Limited & Others (2018) before Recorder Laprell sitting in the County Court at Burnley. The Court exercised its discretion under section 33 of the Limitation Act 1980 to enable the Claimant to proceed with his claim despite a delay of about 12 months. The Rover Company Limited is found to be an employer with greater than average knowledge in accordance with the reasoning of the Supreme Court in Baker v Quantum Clothing Group [2011] UKSC 17 at [21]-[25] and, as such, liable for exposure between 85 and 90 dB(A) LEP’d during the whole period of employment from 1976 until 1992. The claim is dismissed on the basis of medical causation as the Claimant’s expert recommended that the inconsistency between the 2 available pure tone audiograms could only be resolved with the benefit of cortical evoked response audiometry, which test had not been undertaken.